(a)No
person, other than authorized city employees, shall dig or excavate any hole,
ditch, trench or tunnel in or under any street, alley, sidewalk, park or other
public property of public easement through private property without first
having secured a permit for such excavation.Application shall be made to the city clerk.

(b)The
application required by (a) above shall be accompanied by a filing fee for
excavation on paved surface of $50 or $25 for unpaved surface, (i) per block on
work done in continuity, or (ii) per connection for excavations not in
continuity.

(c)A permit
surcharge fee will be assessed when excavation is made without ground which has
permanent surfacing less than five years old.The permit surcharge fee is five percent of the total permit fee for
each month remaining of the five year period.

(d)The
total permit fee is to be paid is composed of the permit fee under (b) above,
the surcharge fee under (c) above, if any, and the city’s cost to repair,
unless the applicant undertakes in writing to perform such repairs, subject to
the city’s approval of such repairs as complete.No excavation permit shall issue unless other
solutions are impractical, as determined by the city inspector.

(a)No
permit authorized in this article shall be issued until the applicant has given
to the city a good and sufficient bond in the sum of $5,000 conditioned that
the applicant will faithfully comply with all the terms and conditions of this
article, and will indemnify and hold the city harmless against all costs,
expenses, damages and injuries by persons or by the city sustained by reason of
the carelessness or negligence of the permit holder.No bond for this purpose shall run for longer
than two years without being renewed.The bond shall remain in full force and effect as to each excavation for
two years after the same has been made or completed.

(b)Any
utility operating under a franchise or a contractor under contract with the
city for municipal improvement shall not be required to give bond as provided
in subsection (a).

(c)Each
bond given under this section shall be approved by the city attorney and filed
with the city clerk.

Any person to whom an excavation permit is issued
shall enclose all excavations which they make with sufficient barricades and
danger signs at all times, and shall maintain sufficient warning lights or
flares at nighttime.The holder of an
excavation permit shall take all necessary precautions to guard the public
against all accidents from the beginning of the work to the completion of the
same.

It shall be unlawful for any person, except those
having authority from the city or any officer thereof to throw down, interfere
with or remove any barriers, barricades, or lights placed in any street to
guard and warn the traveling public of any construction work thereon or
adjacent thereto.

No person shall change or alter any gutter, storm
sewer, drain or drainage structure which has been constructed, or is being
lawfully maintained or controlled by the city unless such change or alteration
has been authorized or directed by the governing body.

(a)No
person shall occupy any portion of any street, alley or sidewalk for the
purpose of temporarily storing building materials without first obtaining a
permit for such temporary use from the governing body.

(b)No
person may use any portion of any sidewalk or street right-of- way for the
purpose of displaying or offering for sale wares, goods, merchandise or other
items.Nothing in this article, however,
shall be construed as prohibiting the city governing body from temporarily waiving
the prohibition of this subsection in connection with community promotions or
community-wide celebrations when such waiver is considered to be in the best
interest of the city.

It shall be unlawful for any person to place, throw
or cause to be placed or thrown in or on any street, alley, sidewalk or other
public grounds of the city, any glass, tacks, nails, bottles, wire or other
dangerous objects that might wound any person or animal, or cut or puncture any
pneumatic tire while passing over the same.

It shall be unlawful for any person, firm or
corporation to deposit or throw any waste oil, fuel oil, kerosene, gasoline or
other products of petroleum or any acids into or upon any street or public
grounds of the city, or willfully to permit the same to be spilled, dripped or
otherwise to come into contact with the surface of any street, alley, or
sidewalk within the city.

It shall be unlawful for any person, firm or
corporation to throw or discharge water into any ditch, street, avenue or alley
in the city or to cause any water to stand or form pools or to flow in a stream
thereon.This section shall not apply to
persons cleaning or flushing such streets, avenues or alleys under the
authority of the governing body, nor to members of the fire department.

It shall be unlawful to haul over the streets or
alleys of this city any loose material of any kind except in a vehicle so
constructed or maintained as to prevent the splashing or spilling of any of the
substances therein contained upon the streets or alleys.